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PENN. FED. OF SPORTSMEN'S CLUBS v. KEMPTHORNE

No. 06-1780.

497 F.3d 337 (2007)

PENNSYLVANIA FEDERATION OF SPORTSMEN'S CLUBS, INC.; Pennsylvania Chapter Sierra Club; Pennsylvania Trout, Inc.; Tri-State Citizens Mining Network, Inc.; Mountain Watershed Association, Inc., Appellants v. Dirk KEMPTHORNE, Secretary, United States Department of the Interior; Brent Wahlquist, Acting Director, Office of Surface Mining Reclamation and Enforcement; Brent Wahlquist, Regional Director, Office of Surface Mining Reclamation and Enforcement; Commonwealth of Pennsylvania, Department of Environmental Protection, Intervenor in D.C.

United States Court of Appeals, Third Circuit.

Filed: August 2, 2007.

Attorney(s) appearing for the Case

Kurt J. Weist (Argued), PennFuture, Harrisburg, PA, for Appellants.

Tamara N. Rountree (Argued), U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees, Dirk Kempthorne, et al., and Brent Wahlquist, et al.

Dennis Whitaker (Argued), Department of Environmental Protection, Harrisburg, PA, for Appellee, Pennsylvania Dept. of Environmental Protection.

Before: FISHER, JORDAN and ROTH, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This is an appeal from a grant of summary judgment by the District Court sustaining two decisions of the United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement. Plaintiffs challenge the agency's decisions to terminate a program deficiency notice issued pursuant to 30 C.F.R. § 732.17, and delete a required amendment that was codified at 30 C.F.R. § 938.16(h), both...

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